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' november 30 1778 0 the number 456 nor th-carol in a gazette with the lateft advices foreign and domestic to the printe r i s , 1 . halifax osober 29 1778 blg ihe attention of the public to the following hints on a fubjed which however chimerical the grounds of i are generally thought to be often becomes a matter of feric us confeqaence and deeply affeas the order and well-bemi of frciety 1 his is the pmdice of dudling the w.-rm items tc be much divided m opinion upcr this fubjed your nvn o moderation and temper cileem 1 highly prchimptuou ar.d ir-iiuf nfiable toruque their lives merely to rcp.-.b aa imaginary'in jury done to tr.eir hoaoni ; â– â€¢, hiiit c ur men cf nicer feeling and ftwer fcruples not only think it incumbent op them to vindicate their honour at he rifque of their iivts hut deem this mode of chailifement the only n.tan to difcouiage impertinence and pre ferve pood breeding li items h wcver to be generally agreed and that by men of the greatslt fpirit that the practice of duelling is r.aturally pernicious to the peace and happineis cf fociety and upon this round a royal auth.-r oi ihe prefent ege whole courage to fight was never d ubted has recommend d to the veil cifpci^d narc of mac kind to agree to held 1 fightirr of duels infamous in or c-fr t prevent the mischief nf fuch a prartite and finally to ba n.lh it rut of the worl ,Â». but nothing can be more vifionary ard fruitkfs than to attempt to render that infamous which the men of fpirit in many cafes conceive tc be the on mea s of fap p..rtin iheir honour and laving ihem ir.ir.i inuiny and difv-raee a man who will difpecfe with fatisfadiou ior tn adoa inju ry where the law has provided him a remedy v ill commonly be eixeemed a gocd natured man ; but will not for that caufe be deemed a polfron nor degraded frcm the rank of a gentleman : whereas on the contrary jn f-me cafes a man who w iii put up with a m?re ideal irjuiv without fadsfadi n v heie the laws of the land have given nun no remedy at all mull fubrnit to be held an infamous coward and quit his ih-'e to che rank of a gentle man men whofa honour has r..--t bern ufed to be rubbed and iÂ»a!!cd and whole feelings in this refped arc c afequently not fo ceii cate and tende can hard perceive th realwn of this difference hut tacts w.ll be la'-is whether thtir can't are endtr flood c 1 not 1 am apt to thinh h v,ever that the jt'.r ol this difference ari fes from the conjefuencei 0 the injuries a mar receive : the da mages fu<kained in his property roav be rafiiy repaired ; the ipju rios he rray fuflain in his drefs a j the ornaments ol his perfon may be quickly redreiied add ever 1 w.-a.-d in lis he ih may be ic'ii healed up without any reparation or amends from the aj tiior of thofe wrongs ; 1 ut a uout-d in a man's honour is not fa cafiiv cured nothing fhort of ample fatisfadion frcm tbe arr greffor ar do this a..d bmetimes even that will hardly do the b'-jjiis'is 1 ) effeftoalfy a might be wifhed b fdti.fadlon in this cafe is meant cither thc j"ggreitor'3 ac knowledgu.g r s llsj : *;, a-d afking the irjured gen lit man's par don in terms properly fubmiffi-e ro.d unequivocal or arcrc-rirg 2 challenge r m him ir.a th reupon fighting him like a gentle man 1 fay liie a pentuman r jt in tms cafe fighting a fi.'i - cuffs kicbir-x damping biting or gou ;;;â– ,,., ?-. not uiiderbo d nor re u!d fuch a righting a all fettle a p int of honour or give the defiicd fatisfadn 11 ; quids the com bat tan t be fuppofed to be eq'ialiy matched boh in bodily prowefs ami fkill in that kir.d of fighting ard neither of tntni thi cli take any di honourable advaoetage of the other in the time of combat but fuch an equality as this may but very feldom happf a ; ind therefore for deciding fuch con reus in a more recip.oc.ii ar.d gentleman like manna recourfcis ilually ha-i jo hreairns writ-re each com bat tact ftanda upon equal pmuri 1 , and is fupp fed j ba*.e an equal chanre with the other for if the char e be not eqi'3l the feint of inn ut ma did iem'in ur.dccided ; zr.d he ftain in a gentleman's nonour w o has any fuel advanii^e f the chance r.*?.y notwirhftanding bis having foaghr continue as iki frcm bcir Â± rubecu out as it was when he b-g-ta the combat as to any obfervaticns rcfpeding the antiquity of this mode cf decifioa tbe people frcm whom it derives its origin and by whom it has been handed down to the prefer.t times the alterati ons an.i improvements it has undergone fince the invention of fire a.-ms and the modern rains of condoding it they are both un neceflary and foreign to my prefent dtfign i fhall thciefcre content myfelf with only confiderihg the nature cf thefe things which principal relate as well as hvi~c that generally contrl but to this kind of contention and here it may btr laid dewa as a ceruir and invariable max im that no individual of thc human race ever received or can receive an injury without having a right either natural or civil to revenge or repair it in a hate oi nature this right individual ly and amply refided in eveiy human creature but thc e-bvi.-us inconvenience of every man's being left under the influence of prejudice partiali.y ar.d refentment to re\cvcre the wrongs ar-d redrefs the injuries he had fuuained induced men to form ihem felves into focieties under fuch modes of government and roles of living as they judged moft eftedual for frcuring to every one his natural rights or fubftitnung civil rights in the room of fuch of them as were inconvenient to be exerdfed in a ftate of fociety ; in oidtr to prevent as much as poflible the ncceflity of a ftate of war-fare as well as to obviate the ucfunefs of a man's being a judge and executioner in his own caufe to but nctw!th!t ? rd;rr this general defign cf forming focieties civil remedies for injuries fnftained hr.ve been ntovided by the laws off ciery and especially in this coun-rv only in part and not in all cafes nor even iu all fpecits cf injury it therefore fee or abfurd to fuppofe that men if ouid have given up or that their entering into a hate cf ibcicty mould have ar.nihilated their natural lights of rtdrefling injuries in any degree beyond or prtnr to the fubilitation cf ciÂ»i remedies in their room but if any one will attempt to proie that natural rights to re diefs injuries are annihilated by entering into z ftate of f cie'j without tre fubftitution of civil remedies in their room he mart aifo prove againft every day's rperience that by the habitation ci mankind in a hare of ft t ., . ; njuries ihemfelves unien.ed.rd by the laws of the land a ike ife annihilated or rendered iihpoffible to e.xill ; or elfe . t;i a dodrine can by no menns be admitted ; becaule otherwise it would infringe the'maxim before laid down it therefore rece/tarily fellows that where ever civil rights have not been fnbftitated by the laws of fockty in the room of natural o.~.e adequate to the obtaining redrefs for any i ju"-y fuftained there and in every fuch cafe wiih'-uc exception fuch natural rights ftbl remain and every man in that cafe till an adequate remedy by proviiior of the civil power becomes attainable ought to be confide^ed as in a ftate of nature for otherwife there might be an injury without the right cf ledref ; contrary to the principle of the above-mentioned maxim it will likewile be allowed as a msxim by every lawyer that when and where ever a man has a ri^ht to redrefs an irjury he has alio a ugh to make ufe off the neceftary means for that pur pofe it v,iii therefore be in vain to fay that civil remedies are generally provided by tbe laws tf focicty for the redrefs of real injuries ; but that it matters not whether ideal or imaginary inju ries are remedied at all or no for ii juries that fubfiit only in o pinion are fjmetimes as really hurtful as thofe which fcbcfi in lad befide men have a natural and unalienable right to be f<*iiafied as well where the injury is or.ly imaginary as where it is rsjal and if no civil jurisoidion has ccgnizance to judge of the nature of the injury i mutt of courfc hewever inconvenient be iefr to rhe private judgment of the irjured perfen 1 am cie^rly of opinion that the equitable extension of the ci vil adion upon the cafe to redrefs the vail number and variety of real irjuries to which modern pradice has mace it fubfervi.n has prevented numberlefs mifchitfs which otherwife would have happened through the neceffity of repairing thole injures by force of private combat and for that reafun far fiom difcou

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' november 30 1778 0 the number 456 nor th-carol in a gazette with the lateft advices foreign and domestic to the printe r i s , 1 . halifax osober 29 1778 blg ihe attention of the public to the following hints on a fubjed which however chimerical the grounds of i are generally thought to be often becomes a matter of feric us confeqaence and deeply affeas the order and well-bemi of frciety 1 his is the pmdice of dudling the w.-rm items tc be much divided m opinion upcr this fubjed your nvn o moderation and temper cileem 1 highly prchimptuou ar.d ir-iiuf nfiable toruque their lives merely to rcp.-.b aa imaginary'in jury done to tr.eir hoaoni ; â– â€¢, hiiit c ur men cf nicer feeling and ftwer fcruples not only think it incumbent op them to vindicate their honour at he rifque of their iivts hut deem this mode of chailifement the only n.tan to difcouiage impertinence and pre ferve pood breeding li items h wcver to be generally agreed and that by men of the greatslt fpirit that the practice of duelling is r.aturally pernicious to the peace and happineis cf fociety and upon this round a royal auth.-r oi ihe prefent ege whole courage to fight was never d ubted has recommend d to the veil cifpci^d narc of mac kind to agree to held 1 fightirr of duels infamous in or c-fr t prevent the mischief nf fuch a prartite and finally to ba n.lh it rut of the worl ,Â». but nothing can be more vifionary ard fruitkfs than to attempt to render that infamous which the men of fpirit in many cafes conceive tc be the on mea s of fap p..rtin iheir honour and laving ihem ir.ir.i inuiny and difv-raee a man who will difpecfe with fatisfadiou ior tn adoa inju ry where the law has provided him a remedy v ill commonly be eixeemed a gocd natured man ; but will not for that caufe be deemed a polfron nor degraded frcm the rank of a gentleman : whereas on the contrary jn f-me cafes a man who w iii put up with a m?re ideal irjuiv without fadsfadi n v heie the laws of the land have given nun no remedy at all mull fubrnit to be held an infamous coward and quit his ih-'e to che rank of a gentle man men whofa honour has r..--t bern ufed to be rubbed and iÂ»a!!cd and whole feelings in this refped arc c afequently not fo ceii cate and tende can hard perceive th realwn of this difference hut tacts w.ll be la'-is whether thtir can't are endtr flood c 1 not 1 am apt to thinh h v,ever that the jt'.r ol this difference ari fes from the conjefuencei 0 the injuries a mar receive : the da mages fu